Chepkoech alias Milcah v Chelugui & another (Environment and Land Appeal E038 of 2022) [2025] KEELC 178 (KLR)

Chepkoech alias Milcah v Chelugui & another (Environment and Land Appeal E038 of 2022) [2025] KEELC 178 (KLR) (29 January 2025) (Ruling) Neutral citation: [2025] KEELC 178 (KLR) REPUBLIC OF KENYA IN THE ENVIRONMENT AND LAND COURT AT KAPSABET ENVIRONMENT AND LAND APPEAL E038 OF 2022 GMA ONGONDO, J JANUARY 29, 2025 BETWEEN MILKA CHEPKOECH ALIAS MILCAH ................................................. PLAINTIFF AND KIBAES CHELUGUI ........................................................................ 1ST DEFENDANT NIMROD KIPTUM KOECH ......................................................... 2ND DEFENDANT RULING 1. The instant ruling is precipitated by an application by Mr. Korir learned counsel for the defendants that PW2, Marcella Jerotich Bett, should not testify in this suit on the grounds that her name is not in the Plaintifi’s list of witnesses and her statement was not filed and served upon the defendant’s counsel as required by law. 2. In response to the application, Mr M. Orina learned counsel for the plaintifi stated that the statement of PW1 is available. That the same was not served on the Defendant’s Counsel and her name is not shown in the list of the Plaintifi’s list of witnesses dated 14/11/2022 and 25/4/2024. 3. In that regard, is the application sustainable? 4. Notably, it is common ground that the plaintifi’s list of witnesses herein does not contain the name of PW2. Further the statement of PW2 was not filed and served on the defendants’ counsel within the prescribed timelines. 5. It is trite that a party to a suit must be made aware of the existence of the matter; see Ogada-vs-Mollin (2009) KLR 620. 6. Clearly, the plaintifi’s counsel neither filed and served the statement of PW2 nor included the name of PW2 in the plaintifi’s list of witnesses. The defendant is entitled to the said documents in the spirit of https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/178/eng@2025-01-29 1

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